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19 October 2012 / Christopher Cant
Issue: 7534 / Categories: Features , Property
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Criminal gains

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Can a criminal squatter acquire title by adverse possession? Christopher Cant investigates

Criminal entry onto land will not block a claim to title based on adverse possession. Will the new offence aimed at residential squatters prevent such a squatter succeeding with an adverse possession claim?

Section 144 of the Legal Aid Sentencing and Punishment of Offenders Act 2012 makes it an offence to squat in a residential building from 1 September 2012. Previously s 7 of the Criminal Law Act 1977 (CLA 1977) made it an offence for a trespasser not to leave having been asked to do so by a “displaced residential owner” or a “protected intending occupier”. The new offence applies to all residential buildings whether or not vacant immediately prior to the trespass and whether or not a request to leave has been made.

The elements of the offence set out in sub-section (1) are:

  1. the person is in a residential building as a trespasser having entered it as a trespasser;
  2. the person knows or ought to know that he or she
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Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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